Family permit - EEA national student

[geeb33]

Hi there,

I plan to apply for a RC in a week or so and if I get a COA with no right to live (likely as we are unmarried) I plan to apply for the FP so I can stay in the UK with my partner while I wait.

Is it possible for me to get a family permit with my unmarried partner who is exercising his treaty rights as a student? (me NZ, him Dutch). We have been living in the UK together for the past 18 months (me on YMS).

I have found on the UK websibe "Family members of students (other than his or her spouse and dependent children) are entitled to join the EEA national for the initial 3 month period she or he is in the UK. Should these other family members wish to remain in the UK with the EEA national student for a period longer than 3 months they would need to apply in country for a Residence Card."

But he has already lived in the UK longer than three months... so are we out of scope for the family permit?

Thanks!

[secret.simon]

Two things to clarify;
To the best of my knowledge, Family Permit are the equivalent of an entry visa. As you are already in the UK, I am not sure it applies in your case.

Your application for a Family Permit will be assessed on the same basis as your application for a Residence Card i.e. as an extended family member with no automatic right to stay in the UK. So, it will likely take just as long.

As regards your significant other exercising treaty rights as a student, he must have Comprehensive Health Insurance (essentially private health insurance) to qualify as exercising treaty rights. Does he have that in place?

[geeb33]

Hi there,

I've read up on other posts, others have had success applying for a family permit after living in the UK and it takes a short amount of time - a few weeks as they have to prioritise them. I'm just not sure if the fact that he is a student means we fall into that three month exception and it will be rejected.

Yes we have Comp Health Insurance thanks.

[noajthan]

Hi there,

I've read up on other posts, others have had success applying for a family permit after living in the UK and it takes a short amount of time - a few weeks as they have to prioritise them. I'm just not sure if the fact that he is a student means we fall into that three month exception and it will be rejected.

Yes we have Comp Health Insurance thanks.

FP is valid for 6 months.
However to be applied for from outside UK.

There have been members waiting for a RC who have recently gone abroad for some reason & then had to apply for FP as a way to return & re-enter UK.
They applied for such a FP from outside UK!

[geeb33]

Thanks - I don't actually want to go abroad at all, my YMS visa expires May and I'll still be waiting for my RC decision which should be August. To confirm - I do have to leave UK before my YMS expires to avoid being an overstayer regardless of the fact I'll be waiting for a decision? Unmarried, short COA expected

Thanks

[noajthan]

Thanks - I don't actually want to go abroad at all, my YMS visa expires May and I'll still be waiting for my RC decision which should be August. To confirm - I do have to leave UK before my YMS expires to avoid being an overstayer regardless of the fact I'll be waiting for a decision? Unmarried, short COA expected

Thanks

FP won't work then.

Anyway if you have submitted RC application (& have COA) and your partner is exercising treaty rights my understanding is you should be covered (& 'legal').

[geeb33]

Thanks for your help on this. I've researched so so much into this, spent months on it looking at forums/law/guidance, but there is very little guidance on the gov website for people in limbo-land like me as to whether we can legally live here or not while waiting on a RC application, though it's obviously expected with interview callings/drop ins. Myself and my employers have each called the HO and received complete opposite advice about it all too!

I've been looking on this website daily and posted various questions and you're help is valuable. Thanks - appreciate your time.

[noajthan]

Thanks for your help on this. I've researched so so much into this, spent months on it looking at forums/law/guidance, but there is very little guidance on the gov website for people in limbo-land like me as to whether we can legally live here or not while waiting on a RC application, though it's obviously expected with interview callings/drop ins. Myself and my employers have each called the HO and received complete opposite advice about it all too!

I've been looking on this website daily and posted various questions and you're help is valuable. Thanks - appreciate your time.

Agree - this forum is a tremendous asset, practically a national treasure.

Some background info whilst you're waiting for the RC to come through:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf